U.S. District Court Judge Glen H. Davidson on Tuersday, March 23 ruled that the Itawamba County Agricultural High School in Mississippi violated Constance McMillen’s cosntitutional right to free speech by refusing to allow her to attend the senior prom with her girlfriend and to wear a tuxedo to the prom.
But Constance still doesn’t get to go to the prom, because school officials canceled the event rather than let her attend in a tux with her girlfriend. Judge Davidson did not order the school to reinstate the event.
A private prom has been scheduled. But Constance isn’t invited.
Judge Davidson, in his ruling, wrote that being able to attend with a girlfriend and wear a tuxedo to prom is “the type of speech that falls squarely within the purview of the First Amendment.”
But Tim Wildmon, president of the American Family Association, disagrees. Tim, who recently took over the AFA when his father Donald retired for health reasons, delcared in a statement released today: “This is not about speech at all, but about the homosexual agenda. It’s about the schoolyard bullies at the ACLU using an activist federal judge to force schools to normalize sexually aberrant behavior.”
Tim continued: “It’s absurd to accuse the school of violating her free speech rights. She’s been talking to anybody and everybody who will listen and the school has made no effort to stop her.”
(Interesting to note that these are the same folks who complain that hate crimes laws that include LGBT people violate their free speech rights to incite violence against gays and lesbians and trans people.)
And Bryan Fischer, the AFA’s director of issue analysis, breaks out the same old tired “same right to be straight” argument used against marriage equality efforts. He said: “The school had one policy that applied to every student equally. If Ms. McMillen wanted to bring a date to the prom, she had the same right every other student had, to bring a date of the opposite sex. She already had equal rights, but that wasn’t enough for the thugs at the ACLU. They want special rights for homosexuals, not equal rights.”
Wildmon urged other schools in similar situations as Itawamba to fight back against those ACLU thugs and promised that AFA “stands ready to help schools stand their ground,” and warned that the ACLU “is out to demolish the Judeo-Christian value system on which this nation was built, and they’ll get away with it unless we rise up to stop them
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